Deed of Condominium Institution and Bylaws Requirements

Context Note: This content describes Brazilian notary law.

This article answers

• What is the deed of condominium institution and bylaws?
• What documents are required to execute the deed of condominium institution and bylaws?
• Which clauses are mandatory in condominium bylaws?
• How to draft condominium bylaws for mixed-use buildings?
• What is the difference between executing the deed at a notary notes office and registering it at the real estate registry?

In summary

• The deed of condominium institution and bylaws is the legal instrument executed before a notary notes office (tabelionato de notas) that specifies the division of a building into autonomous units and establishes rules for coexistence, administration, and cost-sharing of the development.
• Executing the act requires an approved architectural project, certificates of occupancy (habite-se) or partial certificates of occupancy, technical sheets of areas and ideal fractions under ABNT NBR 12.721, and an updated real estate title certificate clear of encumbrances.
• The act guarantees the legal security of the development, individualizes property ownership, and enables the future opening of individual property register entries (matrículas) before the real estate registrar (oficial de registro de imóveis).

What is the deed of condominium institution and bylaws?

The deed of condominium institution and bylaws is the legal act by which the landowner or developer formalizes the transformation of a single real property into a building divided into autonomous units, such as apartments, commercial offices, or private parking spaces. The notary act is executed under the statutory authority granted to public notary offices (Lei nº 8.935/1994, art. 6º Lei nº 8.935/1994 — Notary and Registry Law, art. 6º).

You use the deed of condominium institution and bylaws to give public form to the intention of the titleholders and ensure enforceability against third parties (Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994, art. 1º). In the institution phase, you individualize the ideal fractions of the land, detailing which parts are for private use and which constitute common areas, such as hallways, reception desks, and elevators.

In the same deed of condominium institution and bylaws, or in a jointly structured chapter, the internal regulations of the development are approved. This collective regulation sets the rights of residents, the proportion of maintenance fee payments, the operating framework of administration, and the penalties applicable to unit owners who are overdue or in default.

Executing the deed of condominium institution and bylaws at a notary notes office creates a legally secure enforceable instrument (Lei nº 10.406/2002 — Código Civil, art. 215 Código Civil — Brazilian Civil Code, art. 215). The public act prevents disputes among future property owners and ensures full alignment with the Civil Code and Brazilian real estate legislation.

What documents are required to execute the deed of condominium institution and bylaws?

To request the deed of condominium institution and bylaws, you must gather the documentation of the real estate development, the approved architectural floor plan, and the qualification documents of the owners. The public notary reviews each certificate and technical sheet to confirm the regularity of the property before drafting the notary instrument.

You present an updated title certificate of the land's property record (matrícula). This document is issued by the real estate registrar of the jurisdiction and must prove the absence of pending attachments or impeding encumbrances, respecting the rules governing the transfer and validity of real estate transactions (Lei nº 10.406/2002 — Código Civil, art. 108 Código Civil, art. 108).

Furthermore, a complete architectural project duly approved by the local municipal city hall is required, accompanied by the certificate of occupancy (habite-se) or construction completion certificate. In projects completed in phases, a partial occupancy permit is accepted, provided that the project explicitly foresees completion in stages.

The technical section also requires the calculation sheets of areas and ideal fractions prepared in accordance with standard ABNT NBR 12.721, signed by a qualified engineer or architect. These calculations define how much private area and common area correspond to each private unit fraction. To complement your review, check out our guide on real estate development.

Finally, you present the personal or corporate documentation of the owners of the development. If the owner is a legal entity, include the updated articles of incorporation or bylaws, proof of corporate taxpayer registration (CNPJ), and identification documents of the managers for executing the deed of condominium institution and bylaws.

Which clauses are mandatory in condominium bylaws?

Drafting the bylaws, which are integrated into the deed of condominium institution and bylaws, must follow objective criteria set forth in civil legislation. The rules aim to harmonize coexistence within the building and ensure the continuous financial management of the condominium.

First, you must include the precise description and individualization of the autonomous units, together with their respective ideal fractions of the land and common parts. The text must numerically identify each apartment or commercial store, along with its private area, common area, and attached parking space.

Second, the deed of condominium institution and bylaws establishes the apportionment share for ordinary and extraordinary expenses of the development. The standard rule distributes costs proportionally to the ideal fraction, unless an express provision in the bylaws authorizes another objective division criterion.

Third, the document defines the administrative structure of the condominium. You fix the term of office for the building manager (síndico), the creation of an advisory fiscal board, the frequency of general meetings, and the number of votes required to amend internal regulations or approve structural works.

Fourth, the bylaws set forth sanctions and fines applicable in case of non-payment of expenses or failure to comply with peace and security rules. The text limits sanctions to the cap provided under the Civil Code and details the notification timeframes for defaulting unit owners.

How to draft condominium bylaws for mixed-use buildings?

A mixed-use building combines residential units and commercial spaces within the same real estate project. To ensure harmonious coexistence, the deed of condominium institution and bylaws must establish clear separations regarding expenses and the use of physical spaces.

You should stipulate sectorized administrative boards and segregated bank accounts in the deed of condominium institution and bylaws. Expenses related to residential elevators, physical lobby security, and housing safety should not be billed to ground-floor commercial stores that have direct access to the public street.

The bylaws must also regulate the use of facades, commercial signs, advertising boards, and loading/unloading hours for goods. Without these explicit definitions in the deed of condominium institution and bylaws, frequent disputes arise between shop owners and residential tenants regarding visual pollution and excessive noise.

You also need to govern garage access. If parking facilities are shared, the deed of condominium institution and bylaws defines private parking spots for residents and rotating spots reserved for commercial customers, setting distinct cost-sharing rules for each sector.

Additionally, mixed-use regulations establish the reserve fund breakdown. The bylaws establish separate reserve funds for the maintenance of the residential tower and exclusive commercial areas, preventing owners from paying for renovations in sectors they do not use.

What is the difference between executing the deed at a notary notes office and registering it at the real estate registry?

There is a functional distinction between the scope of work of the notary notes office (tabelionato de notas) and the duties performed by the real estate registrar (oficial de registro de imóveis). Understanding this division is indispensable for completing the institution process securely and with full legal efficacy.

At the notary notes office, the public notary captures the intent of the parties, examines compliance with legal validity requirements for the business transaction (Lei nº 10.406/2002 — Código Civil, art. 104 Código Civil, art. 104), and executes the deed of condominium institution and bylaws. The notary confers public authenticity to the instrument and ensures that all clauses satisfy current statutory mandates (Lei nº 10.406/2002 — Código Civil, art. 215 Código Civil, art. 215).

After obtaining the official copy (traslado) of the deed of condominium institution and bylaws from the notary office, you must present the instrument to the real estate registrar of the judicial district. It is the real estate registration that creates the in rem right and opens the individual property register entries (matrículas) for each unit in the building (Lei nº 10.406/2002 — Código Civil, art. 1º.245 Código Civil, art. 1º,245).

Therefore, the deed of condominium institution and bylaws formalizes and creates the notary title with full validity. Registration at the real estate registry office transfers ownership and opens the individual land registry file for each unit, securing public notice, enforceability against third parties, and legal power of disposal to buyers.

If you have questions regarding previous purchases and sales of fractions or land, consult our explanatory guide on public deeds of purchase and sale or review the procedural steps for subdivision and land development.

Document checklist

To request the execution of your deed of condominium institution and bylaws at the notary notes office, prepare the following items:

• [ ] Updated certificate of ownership showing encumbrances and real actions relating to the land (issued by the Real Estate Registrar within the last 30 days).
• [ ] Complete architectural project of the building approved by the Municipal City Hall.
• [ ] Certificate of Occupancy (Habite-se — total or partial) issued by the competent municipal agency.
• [ ] Descriptive memorandum of the building and area calculation sheets (ideal fractions) prepared under ABNT NBR 12.721, signed by a responsible technical professional with paid ART/RRT proof.
• [ ] Draft of the condominium bylaws containing unit descriptions, expense rules, sanctions, and meeting procedures.
• [ ] Identification documents of the property owners (ID, CPF, and proof of residence) or updated organizational documents for corporate entities (Articles of Incorporation/Bylaws, CNPJ, and manager identification).
• [ ] Municipal debt clearance certificates (IPTU) regarding the real property being institutionalized.

In practice

Case 1: Residential development with partial occupancy permit by blocks

A developer completed the first block of a two-building residential complex. To deliver the apartments to buyers who secured bank financing, the developer requested the notary notes office to execute the deed of partial condominium institution and bylaws for Block A.

The notary reviewed the approved architectural plan, which already provided for phased execution, and the partial certificate of occupancy provided by the city hall. The deed of condominium institution and bylaws was executed, defining provisional ideal fractions and rules for completed common areas. The instrument was registered at the real estate registry, allowing the opening of individual unit records for Block A and the transfer of ownership to buyers.

Case 2: Mixed-use building with conflict over elevator maintenance cost allocation

An owner built a four-story building containing retail stores on the ground floor and residential apartments on the upper floors. When drafting the deed of condominium institution and bylaws, a single condominium account was established for all building expenses, allocated strictly by ideal fraction.

Ground-floor store owners refused to pay for residential tower elevator overhauls, citing non-use. To resolve the impasse permanently, the owner and unit purchasers appeared before the notary notes office to amend and rectify the deed of condominium institution and bylaws. It was agreed that elevator maintenance costs would fall exclusively upon residential unit owners, restoring the financial balance of the development.

Common errors

• Failing to align NBR 12.721 tables with the approved architectural plan: Discrepancies in private square meter metrics or common area totals between municipal plans and engineering tables prevent execution of the deed of condominium institution and bylaws.

How to avoid: Instruct the technical professional to carefully cross-check all informational tables before submitting documentation to the notary office.

• Omitting clear fee allocation criteria for mixed-use developments: Treating residential and commercial sections identically in cost distribution leads to administrative litigation and improper charges.

How to avoid: Specify separate management boards, water meters, and utility accounts in the draft submitted for the deed of condominium institution and bylaws.

• Forgetting full qualification of parking spaces: Failing to state in the notary text whether parking spaces constitute autonomous units with individual land entries, linked accessories, or common parking areas.

How to avoid: Indicate the exact legal classification of parking spaces in the descriptive memorandum integrated into the public instrument.

• **Missing certificate of occupancy (habite-se) or construction completion certificate**: Submitting only a building permit prevents the notary from executing the building consolidation in the deed of condominium institution and bylaws.

How to avoid: Await final municipal inspection and secure the official certificate of occupancy before initiating definitive institution proceedings.

• Attempting to approve bylaws that violate federal law: Inserting clauses that prohibit pets entirely without legal justification or impose fines exceeding limits established by the Civil Code invalidates those internal rules.

How to avoid: Submit the draft to notary review for full alignment with applicable national real estate legislation.

Legal basis

• Lei nº 8.935/1994, art. 6º Lei nº 8.935/1994, art. 6º — Defines institutional duties and notary competencies in drafting and qualifying public deeds.
• Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994, art. 1º — Establishes the purpose of notary services in conferring publicity, authenticity, security, and efficacy to legal acts.
• Lei nº 10.406/2002 — Código Civil, art. 215 Lei nº 10.406/2002 (Código Civil), art. 215 — Confers public authenticity and full evidentiary force to public deeds executed at notary offices.
• Lei nº 10.406/2002 — Código Civil, art. 108 Lei nº 10.406/2002 (Código Civil), art. 108 — Requires a public deed as a validity requirement for transactions establishing or modifying real property rights exceeding 30 minimum wages.
• Lei nº 10.406/2002 — Código Civil, art. 1º.245 Lei nº 10.406/2002 (Código Civil), art. 1º.245 — Regulates the necessity of registering the transfer instrument before the real estate registrar to establish property ownership.
• Regulatory note: Lei Federal nº 4.591/1964 — Governs building condominiums and real estate developments across national territory. Text available for consultation in federal legislation at Planalto Central.
• Regulatory note: Código Civil Brasileiro (arts. 1.331 to 1.358) — Regulates the creation of building condominiums, rights and duties of unit owners, and project administration. Complete text available at Planalto Central.

Frequently asked questions

What is the deed of condominium institution and bylaws?

The deed of condominium institution and bylaws is the notary act that formalizes the division of a building into autonomous units and establishes rules for coexistence, use of common areas, and expense allocation among unit owners.

What documents are required to execute the deed of condominium institution and bylaws?

You must present the architectural project approved by city hall, the certificate of occupancy (habite-se) or completion certificate, ABNT NBR 12.721 calculation sheets, an updated title certificate clear of encumbrances, and personal identification documents of the owners.

Which clauses are mandatory in condominium bylaws?

The bylaws must contain the description of private units and common areas, the ideal fraction of each unit, the cost-sharing quota for expenses, administration structure, general meeting procedures, and penalties for non-compliance with duties.

How to draft condominium bylaws for mixed-use buildings?

A mixed-use building requires separate regulations for residential and commercial expenses, independent access points, rules regarding facade usage, commercial operating hours, and specific reserve fund allocation criteria.

What is the difference between executing the deed at a notary notes office and registering it at the real estate registry?

The notary notes office captures the intent of the parties, drafts, and executes the public deed under public authenticity. Subsequently, you take this title to the competent real estate registrar to open individual real estate register entries for each apartment or commercial office.

Editorial footer

Editorial Team: Legal and Notarial Documentation Department of the 5th Notary Notes Office of Recife (5º Tabelionato de Notas do Recife).

Last legal review date: October 12, 2026.

Text version: 1.0 (Compliant with regulations of the National Council of Justice — CNJ and current federal legislation).

Legal Disclaimer: The content of this article is strictly informative and educational. Reading this material does not replace personalized legal advice or in-person technical consultation at the competent notary office for the analysis of specific cases.

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